Florida Statute 38.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 38
JUDGES: GENERAL PROVISIONS

View Entire Chapter

F.S. 38.12

38.12 Resignation, death, or removal of judges; disposition of pending matters and papers.—Upon the resignation, death, or impeachment of any judge, all matters pending before that judge shall be heard and determined by the judge’s successor, and parties making any motion before such judge shall suffer no detriment by reason of his or her resignation, death, or impeachment. All judges, upon resignation or impeachment, shall file all papers pending before them with the clerk of the court in which the cause is pending; and the executor or administrator of any judge who dies pending any matter before him or her shall file all papers found among the papers of his or her intestate or testator with the said clerk.

History.—ss. 1, 2, ch. 3007, 1877; RS 971, 972; GS 1341, 1342; RGS 2529, 2530; CGL 4156, 4157; s. 4, ch. 73-334; s. 1331, ch. 95-147.

F.S. 38.12 on Google Scholar

F.S. 38.12 on Casetext

Amendments to 38.12

Arrestable Offenses / Crimes under Fla. Stat. 38.12

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 38.12.

Annotations, Discussions, Cases:

Cases Citing Statute 38.12

Total Results: 6

Duest v. State

Court: Supreme Court of Florida | Date Filed: 2009-02-19

Citation: 12 So. 3d 734, 34 Fla. L. Weekly Supp. 217, 2009 Fla. LEXIS 246, 2009 WL 395789

Snippet: the court did find the HAC aggravator. Id. at 38. [12] In concluding that the killing was CCP on Duest's

Amendments to the Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2004-09-15

Citation: 883 So. 2d 1285, 29 Fla. L. Weekly Supp. 498, 2004 Fla. LEXIS 1530, 2004 WL 2051839

Snippet: Petition for Simplified Dissolution of Marriage; (38) 12.902(b), Family Law Financial Affidavit (Short Form);

Kelley v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-06-07

Citation: 637 So. 2d 972, 1994 WL 241730

Snippet: evidence and credibility of the witnesses. Section 38.12, Florida Statutes (1991), explicitly provides: "Upon

Bradford v. FOUNDATION & MARINE CONSTRUCTION COMPANY

Court: District Court of Appeal of Florida | Date Filed: 1966-02-02

Citation: 182 So. 2d 447, 22 A.L.R. 3d 917

Snippet: (1931). The appellee argues that Sections 26.19 and 38.12, Florida Statutes, F.S.A., govern the outcome of

Ring v. Home Title Guaranty Company

Court: District Court of Appeal of Florida | Date Filed: 1964-10-20

Citation: 168 So. 2d 580

Snippet: Trust Co. v. Allied Mortg. Co. (1940), 64 Ga. App. 38, 12 S.E.2d 147. An analysis of the Atlanta Trust case

Cook v. State

Court: Supreme Court of Florida | Date Filed: 1903-06-15

Citation: 46 Fla. 20

Snippet: Rep. 966; State v. Merriman, 34 S. C. 16, text 38, 12 S. E. Rep. 619; State v. Pain, 48 La. Ann. 311